The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1887-01-13

| al
les RAMSEY, Enfaula,, Ala 10 d
stance, the principal druereuce ucIug rn1s
the Old Constitution the County Judged
have and exercise the civil and criminal
diction of Justices of the Peace" Will
der the New Constitution the County
shall have original jurisdiction in all cases
} | In which the demand of value Of propel
volved shall not exceed one hundred d
i | and of such criminal cases as the Legi4
t | may prescribe" As under the Old Constit
, Section Is of Article 8, it is provided that
9 tees of the Peace shall have jurisdiction
] actions at law IN cases In which the amO,
8 value involved does not exceed one hd
: dollars; and in criminal cases their n
Q shall be fixed by law" 1t will be seen that U
Judges have virtually the same power al
}, risdiciion under the New Constitution tina
e possessed under the Old. Now, in Section
Q Article of the new Constitution, it Is ftlrthe
i vided that the County Judge SHALL issue all
n ses required by law to be issued in the co..,
g and as the New Constitution went into eff
II the first day of January, 1887, this provision
) regard to licenses also went into effect the
n less there Is some other provision In the
d Constitution 10 the contrary. The Attt
]. General holds that there is such provisio
z, cites Section IS of Article 10, which pre-
sr that "all courts as now organized and {
70 tuted shall continue with their Jurisdiction
t. the Legislature shall conform to the require
y of this Constitution the Jurisdiction of
" courts as, under this Constitution, are t.
else in whole or in part the Jurisdiction of
e now organized" think that I have {
IS shown above that the County Judge has VII
rs the same jurisdiction under the New ca
st ton that he had under the Old, except W
a gard to the issuing of licenses. 1t strikes m
la before we can determine whether Section
Article 18 applies to the issuing of licenses
IS we must first decide whether or not the ISIS,
e. licenses is judicial or ministerial in its {
ne If it is judicial, said section would prObal
is ply, but if ministerial, hold that it wOu
d, apply. 1 presume that no one would Sci
contend that the issuing of licenses was j
n in its nature. If 80, however, content
Te with referring the one holding such posi-
cs any good law dictionary, where he
n, under the heads of judicial and min
rs readily see the difference. Suppose the
o. Constitution provided that all licenses she
en- issued by the Tax Assessor or the Collec
OF Revenue of the respective counties, woul
w Attorney General contend that said Asse
m, Collector could not issue any licenses unit
Legislature passed q law to that effect
n fact is that our Attorney General must ha
Id founded Section II with Section 10 of Ar
d. 1t is Section 18 that provides for the organ
or of county courts which shall have juris
,se up to FIVE hundred dollars. The provis
regard to the issuing of licenses, however,
H. latter part of Section II and is not a part
on ton 49, 1t is provided that the County
in shall issue all licenses, not the new count
he to be organized by the Legislature. The
nd is important in that il involves the validit
on licenses issued in 1887 prior to the assem-
on the Legislature and also involves the vail
ur- all marriages taking place under said
lu- and would like to see a full discussion
in question. Respectfully,
AK-ELAND. STOCK fARM,
ONE MILE EAST OF rALLAHAssnA. .-.